Defamation Law. Unmasking the Anonymous – How Pre-Action Discovery can Help you Fight Online Defamation
If you think someone has defamed you online, you may need to take legal action to find out who they are. Pre-action discovery is a useful tool that can help you secure evidence should you want to bring a claim against an anonymous person who has defamed you online.
It can be difficult to secure information from telecommunications companies because the Telecommunications Act 1997 (Cth) (“the Act”) prevents disclosure of certain information about account holders making it challenging to discover the identity of the anonymous defamer.
Fighting Online Defamation via Eligible Access to Information
The good news is that when it comes to Defamation Law, according to Section 280 of the Act, telecommunication providers can disclose telecommunications information if the disclosure is required or authorised under law. It is important to note that the telecommunication information that is kept by a telecommunication company solely for the purposes of complying with their data retention obligations under the Act, remains out of reach for anyone who is not an enforcement agency.
Streeterlaw is ready to help you
You’ll be pleased to know that recently, Streeterlaw successfully secured information using the Defamation Law on behalf of our client from a telecommunication company about their account holders in relation to a slew of
anonymous defamatory emails.
If you are the victim of online defamatory attacks, we can assist you. Contact Streeterlaw lawyers on 1300 293 957, send a message to us on Facebook, or email advice@streeterlaw.com.au to find out how we can help you.
